Can I Sue for Arthrofibrosis after an Accident?
Yes, you can sue for arthrofibrosis that develops as a result of injuries you sustained in an accident. As long as another entity is at fault (a careless driver, for example), you can hold them responsible by filing a compensation claim for medical expenses, pain and suffering, and other applicable damages.
Arthrofibrosis is a medical conditions that refers to the buildup of scar tissue in your joint. There are several causes for arthrofibrosis, like pre-existing health issues that cause inflammation in the joints. However, arthrofibrosis can also accompany an injury, like meniscus tears and fractures, from accidents such as slip and falls and car collisions. Because of the effect arthrofibrosis has on the patient, it’s also referred to as frozen shoulder and stiff knee.
Below are common symptoms of arthrofibrosis that you can look out for if you have been injured in an accident:
- Significant pain in the joint
- Problems bending or straightening the injured area
- Swelling
- Walking with a limp
- Limited range of motion (stiffness)
There is no doubt that chronic joint inflammation and other symptoms of arthrofibrosis are difficult to live with. You are likely to face challenges at work and in your daily life, along with financial issues due to exorbitant medical costs. That’s why figuring out the cause of your accident and seeking the payment you deserve is crucial to recovering from and moving forward after a diagnosis of arthrofibrosis.
Regardless of how you were injured, talk to a lawyer specializing in joint injury complications, who can advise you of your rights and legal options.
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Your Right to Sue for Arthrofibrosis after an Accident
Your right to sue for an accident is based on the fact that someone failed in their duty of care to you, either from not taking reasonable care or engaging in deliberate misconduct. For instance, you may have been injured at a supermarket because you slipped on water that was leaking from a broken freezer. In this situation, you are likely to have grounds for a premises liability claim against the store owner, which may be a company that owns many store locations.
The process to obtain compensation is different if you had an accident at work or during the course of your job duties. It’s likely that you are eligible for workers’ compensation benefits through your employer. If so, you will need to file a workers’ comp claim, which is more straightforward in theory, as there is no need to prove a basis of negligence. As long as the injury is work-related, you have the right to file a claim and obtain the benefits you deserve by law.
We are happy to match you with a personal injury or workers’ compensation lawyer for a free consultation, so contact our office today.
Repetitive Use Injuries Resulting in Arthrofibrosis
Chronic or repetitive motions, i.e., doing the same tasks over and over at your job can cause inflammation in the joints, particularly in your knees and shoulders. This type of arthrofibrosis does not happen from a sudden and traumatic injury, but the effect is the same for those who are dealing with stiffness, pain, and other debilitating symptoms.
Whether a condition results in temporary or permanent disability, most employees in California are covered by the state’s workers’ compensation system. That means you can file a claim with your employer and receive up to so many weeks of replacement wages, medical expenses, and other benefits. To ensure that your payments start as soon as possible, make sure to notify your employer of a work-related injury or illness right away.
Statute of Limitations to File an Arthrofibrosis after an Accident Lawsuit
As someone who was injured by another party’s negligence, you have a time period of 2 years to file a lawsuit. Please note that the statute of limitations normally starts from when you had the accident, but it can also begin on the date of finding out about an injury resulting from the event. This is an important factor with health issues like arthrofibrosis, which occur over time as an injury-related complication.
Please note that it’s essential to file your claim by the statutory deadline. If the statute of limitations is expired on your case, there is little to no chance of obtaining an extension. That means you will lose out on medical expenses, lost income, property damage, and other forms of compensation that are vital to your recovery. Give us a call at your earliest opportunity, so that we can investigate your case and fight to bring you every penny you deserve from the responsible individual or entity.
Deadline for a Workers’ Compensation Claim
There is a different time limit for workers’ comp claims, which you must be aware of in the event you are diagnosed with arthrofibrosis after a work accident or work-related injury. First, make sure to report the injury to your employer within 30 days of being injured or finding out that you have a specific health condition. This will initiate a claim with your employer’s insurance company, and you will be given paperwork and instructions for how to submit a claim. You must also receive an official diagnosis from your employer’s WC healthcare provider, which you should take care of as soon as possible.
Under California law, you have 1 year starting from the injury / accident date to complete the paperwork for worker’s compensation. Having said that, it’s important to submit the required information in a timely manner, since your payments cannot start until your claim is approved by the insurance company. If you have questions about the forms or need help getting a claim approved, reach out to us for help from a California workers’ compensation lawyer.
Zero Fee Guarantee for Accident Victims
The legal team of DTLA Law Firm does not believe in making victims responsible for the cost of legal fees. With that in mind, you will receive a Zero Fee Guarantee from the very first time you meet with us. This is a contingency fee agreement, meaning we only get paid if you receive compensation from an arthrofibrosis after an injury lawsuit or workers’ compensation claim. Otherwise, you owe us $0 for the cost of representing you.
Our law firm is here to assist you 24/7, so don’t hesitate to contact us for a free case evaluation. We can also provide you with a free second opinion if you have concerns or questions about an existing accident injury claim.
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